CIPA: Myths vs. Reality

Christa Burns

Nebraska Library Commission

Technology Planning Summer Camp

August 23, 2011

CIPA• Children’s Internet Protection Act

– Federal law implemented in 2001 by the FCC

• CIPA requires 3 things:

• Technology Protection Measure

• Internet Safety Plan

• Public Notice and Meeting/Hearing

MYTH:Libraries who apply for E-rate discounts for

basic telephone service must comply with CIPA

FALSELibraries only must comply with CIPA if they are applying for E-rate discounts for Internet

Access and/or Internal Connections

MYTH:CIPA dictates which Technology Protection

Measures (filters) libraries must use

FALSELibraries are free to choose whatever

Technology Protection Measure they want

The law defines a “technology protection measure” as “a specific technology that blocks or filters Internet access to visual

depictions that are— (A) obscene . . .; (B) child pornography . . .; or (C) harmful to

minors . . .”

Although the law clearly requires the use of filtering or blocking technology, it

does not require the use of specific filtering software or services.

MYTH:CIPA only applies to computers accessed

by children and/or the public

FALSECIPA states that a library must have a

TPM on “any of its computers with Internet access”.

The law makes no distinction between computers used only by minors or adults or

computers used only by staff and those accessible to the public.

Therefore, even Internet connected computers located in administrative areas

not accessible to the public or students must still have filters,

but they can be disabled.

MYTH:Technology Protection Measures (filters)

cannot be disabled

FALSE“An administrator, supervisor, or person

authorized by the responsible authority under paragraph (1) may disable the technology protection measure concerned to enable

access for bona fide research or other lawful purposes.”

MYTH:If someone comes in with their own device

(laptop, etc) to use the library’s wifi, we must filter that device

FALSECIPA states that a library must have a TPM

on “any of its computers with Internet access”.

MYTH:My library can’t receive E-rate funds for

Internet Access and/or Internal Connections until we’ve complied with

CIPA

FALSEWhile you are applying for, and receiving

E-rate discounts, you have 3 years to comply

In the first funding year in which you are "applying" for funds, you can

certify that you are undertaking actions to be in compliance

for the next funding year. You may also make this certification in your second funding year for purposes of CIPA if you seek a

waiver.

If the library "applies" for support

in the third funding year, it must be in compliance with CIPA.

MYTH:My library must track the internet usage of

patrons to comply with CIPA

FALSE“SEC.1702.(b) DISCLAIMER

REGARDING PRIVACY.

--Nothing in this title or the amendments made by this title shall be construed to require the tracking of Internet use by any identifiable minor or adult user.”

Other MYTHs?

Information on CIPA• E-rate:

http://www.usac.org/sl/applicants/step10/cipa.aspx• FCC:

http://www.fcc.gov/guides/childrens-internet-protection-act

• ALA: http://www.ala.org/ala/issuesadvocacy/advocacy/ federallegislation/cipa/index.cfm

Christa Burns

Special Projects Librarian

Nebraska Library Commission

http://nlc.nebraska.gov/erate/

800-307-2665

christa.burns@nebraska.gov